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HomeMy WebLinkAbout1982 11-08 CCM Regular Session 4 MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA t REGULAR SESSION NOVEMBER 8, 1982 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and,was called to order by Mayor Dean Nyquist at 7:03 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Director of Finance Paul Holmlund, Director of Planning & Inspection Ron Warren, City Attorney Richard Schieffer, and Administrative Assistants Brad Hoffman and Tom Bublitz. INVOCATION The invocation was offered by Pastor Cilke of the Brookdale Assembly of God Church. OPEN FORUM Mayor Nyquist noted the Council had not received any requests to use the Open Forum session this evening. He inquired of the audience if there was anyone present who wished to address the Council. There being none, he proceeded with the regular agenda items. CONSENT AGENDA Mayor Nyquist inquired if any of the Councilmembers desired any items removed from the Consent Agenda. The City Manager noted there was an error in the minutes of the November 2, 1982 special session regarding the counts for the write -in -votes for Councilmember. He explained the nurbers indicated in the minutes were incorrect and should be changed to coincide with the resolution passed concerning the canvass _ of the election. He also noted that Viking Gym was added to the license sheet for approval of a special food handling license. Councilmember Theis requested item 7c be removed from the consent agenda and Council- - member Lhotka requested that item 9b be removed from the consent agenda. APPROVAL OF MINUTES - SPECIAL SESSION - AUGUST 30, 1982 There was a motion by Councilmember Scott and seconded by Councilmember Theis to approve the minutes of the August 30, 1982 City Council meeting as submitted.. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against none. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Theis to approve the minutes of the November 2, 1982 City Council meeting with the correction noted by the City Manager. PERFORMANCE BOND RELEASES There was a motion by Councilmember Scott and seconded by Councilmember Theis to 11 -8 -82 -1- authorize the release of the following performance bonds: 1. 7- Eleven, 1500 69th Avenue North in the amount of $2,000. 2. Swenson's Ethan Allen Store, 2300 Freeway Boulevard in the amount of $40,000. 3. Church of the Nazarene, 501 73rd Avenue North in the amount of $500. 4. Summit Bank Center, 6040 Earle Brown Drive in the amount of $18,000. 5. Earle Brown Bowl, 6440 James Circle North in the amount of $10,000. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. PROCLAMATION FOR COMMUNITY EDUCATION DAY There was a motion by Councilmember Scott and seconded by Councilmember Theis to approve the proclamation declaring November 17, 1982 as Community Education Day in Brooklyn Center. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott,.. Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 82-210 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING CHANGE ORDER NO. l to PALMER LAKE BASIN SITE IMPROVEMENT CONTRACT 1982 -M The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon the following voted in favor thereof: Dean Nyquist, Celia Scott, Bill Hawes, Gene Lhotka, and Rich Theis; and the the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. APPOINTMENTS TO ADVISORY COMMISSIONS Mayor Nyquist noted that he had received three applications for appointment to City Commissions. He explained that Robert S. Becker, Jr. and Carol J. Smith had applied for membership to the Traffic Safety Advisory Committee and that Barry R. Wallerstedt had applied for membership to the Conservation Commission. Mayor Nyquist stated that he is recommending appointment of all three individuals. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to appoint Mr. Rollert S. Becker, Jr., 6433 Fremont Avenue North and Ms. Carol J. Smith, 7201 France Avenue North to the Traffic Safety Advisory Committee and to appoint Mr. Barry R. Wallerstedt, 7001 Emerson Avenue North to the Conservation Commission. Mr. Becker and Ms. Smith will be completing the unexpired terms of Mr. Jim Merila and Mrs. Joyce Tolve who have resigned from the Traffic Safety Advisory Committee. Mr. Becker and Ms. Smith will complete the unexpired terms which expire December 31, 1983. Mr. Wallerstedt was appointed to a three year 'term on the Conservation Commission. PERFORMANCE BOND RELEASE - BROOKDALE SQUARE SHOPPING CENTER There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to authorize the release of the performance bond for Brockdale Square Shopping Center, 5840 Shingle Creek Parkway in the amount of $180,000. Voting in favor: Mayor Nyqui .1 -8 -8 2 -2- eouncilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RES CONTINUED RESOLUTION NO. 82 -211 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION APPROVING SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR FOUR (4) POLICE SQUAD CARS The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a Resolution Providing for the Issuance and Sale of $2,625,000 General Obligation Improvement Bonds. He explained that this resolution comprehends various construction projects and is intended to provide a bond sale before the January 1, 1983 deadline requiring registration of municipal bonds. He explained the interest rates in the bond market have been improving along with other conditions which would favor a bond sale at this particular time. The Director of Finance explained that on- January 1, 1983 municipalities will be required to register bonds and will no longer be able to sell coupon bonds. He explained the result will be an added expense for issuing the bonds. He noted that one of the reasons registrati. -)n is being required is to eliminate investments by persons desiring to "launder" illegally obtained money. He noted that $2,625,000 is the final figure for the bonds and that 58 projects, going back as far as 1975, will be included. He added that the deadline the bonds must be sold and distributed is December 31, 1982. He also explained the projects have already been assessed. The Director of Finance introduced Mr. Bob Pulscher, a municipal bond consultant. Mr. Pulscher explained that the interest rate for the bonds is estimated at 8.45% and that because of the publication requirements, November 30, 1982 is the earliest date that can be arranged for the bond sale. He stated he is recommending this date for the sale of the bonds. The Director of Finance pointed out that the projects comprehended in the bond sale have been internally financed and that proceeds from the bond sale will be used to pay off the 'temporary improvement notes which have been used to finance the projects. Councilmember Theis inquired what the City's bond rating was. Mr. Pulscher stated that the City's rating is A -1 and explained that Moody's is apprehensive about the State's ability. to pay and their continuing ability to meet local obligations and that this is reflected in the bond rating. There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to approve a Resolution Providing for the Issuance and Sale of.$2,625,000 General Obligation Improvement Bonds and to set November 30,. 1982 at 7:00 p.m. as the date and time for the sale of the bonds. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. PLANNING COMMISSION ITEMS 11 --8 -82 -3- PLANNING COMMISSION APPLICATION NO. 82040 SUBMITTED BY STEVE NELSON /LYNBROOK BOWL FOR SPECIAL USE PERMIT TO OFFER LIVE ENTERTAINMENT IN THE NEW RESTAURANT ADDED TO THE BOWLING ALLEY AT 6357 NORTH LILAC DRIVE The Director of Planning & Inspection presented and reviewed for Council members page s.1 and 2 of the October 28, 1982 Planning Cormrnission minutes and also the Planning Commission information sheet prepared for Application No. 82040. He reviewed the location of the subject parcel and explained that the proposal submitted by Mr. Nelson is for one singer and an accompanist or a trio of entertainers. He added that the facility does not have room for a large "show band" and that this type of entertainment is not contemplated in the application. The Director of Planning & Inspection explained the Planning Commission held a public hearing on the application on October 28, 1982 and that no one appeared to speak at the public hearing. He added that the Planning Commission recommended approval of the application subject to three conditions, which he reviewed for Council members. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning' Commission Application No. 82040. He inquired if there was anyone present who wished to speak at the public hearing. No one appeared to speak and he entertained a motion to close the hearing. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to close the public hearing on Planning Application No. 82040. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. There way a motion by Councilmember Hawes and seconded by Councilmember Scott to approve Planning Commission Application No. 82040 subject to the following conditic 1. The permit is issued to the applicant as operator of the facility and is nontransferable. 2. The permit is subject to all applicable codes, ordinances, and regulations and any violation thereof shall be grounds for revocation. 3. The hours of operation for live entertainment shall coincide with -on -sale liquor license regulations. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against% none. The motion passed unanimously. ORDINANCES The City Manager introduced An Ordinance Amending Chapter 4 of the City Ordinances, Relating to Delinquent Water and Sewer Accounts. He explained this ordinance amend- ment would increase the interest rate charged on delinquent public utility accounts from 8% to 12%. He added that the ordinance was oifered for a first reading and that it is recommended a public hearing on the ordinance amendment be scheduled for 8:00 p.m. on December 6, 1982. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve for first reading An Ordinance Amending Chapter 4 of the City Ordinances Relating to Delinquent Water and Sewer Accounts, and to set the public hearing on the ordinance for 8:00 p.m. on December 6, 1982. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. 11 -8 -82 -4- . LICENSES There was a motion by Councilmember Hawes and seconded by Councilmember Scott to approve the following list of licenses: AMUSEMENT DEVICE- VENDOR LICENSE Gene Winstead and Company 9624 Lyndale Avenue S. I II Servomation Corporation 7490 Central Avenue N.E. Twin City Novelty 9549 Penn Avenue S. Fred Dahlin, d/b /a D.V.M. 119 State St. (also known as Dahlco Music) Northern Coin Machine Co. 1481 Marshall Avenue AMUSEMENT DEVICE- OPERATOR LICENSE Ground Round 2545 Co. Rd. 10 Advance Carter Co. Brookdale United Artists Theater 5810 Shingle Creek Pkwy. Pizza Factory 6816 Humboldt Avenue N. CIGARETTE LICENSE Canteen Corporation- 6701 Brooklyn Boulevard Canteen Corporation 6845 Shingle Creek Pkwy. Canteen Corporation 1800 Freeway Boulevard Uncle Bob's Quik Six 6600 Lyndale Avenue N. Red Owl Country Store 5425 Xerxes Avenue N. Red Owl Country Store 3600 63rd Avenue N. Country Club Market 5715 Morgan Avenue N. Brooklyn Center Country Boy 4401 69th Avenue N. Brooklyn Center Mobil 6849 Brooklyn Boulevard Holiday Inn 1501 Freeway Boulevard Jerry's Super Valu 5801 Xerxes Avenue N. Brooklyn Center Am. Legion Post 4307 70th Avenue N. ARA Services 5910 Shingle Creek Pkwy. COMMERCIAL KENNEL LICENSE Daisy Mae Dog Grooming 6830.Humboldt Avenue N: LODGING ESTABLISHMENT LICENSE Holiday Inn 1501 Freeway Boulevard NON- PERISHABLE FOOD VENDING LICENSE ARA Services 5910 Shingle Creek Pkwy. PERISHABLE VENDING MACHINE LICENSE 'ARA Services 5910.Shingle Creek Pkwy. POOL AND BILLIARD TABLE LICENSE Holiday Inn 1501 Freeway Boulevard 11 -8 -82 -5- PUBLIC DANCE LICENSE Holiday Inn 1501 Freeway Boulevard OFF-SALE NONINTOXICATING LIQUOR LICENSE SuperAmerica Stations, Inc. 1901 57th Avenue N. SuperAmerica Stations, Inc. 6545 W. River Road Brooklyn Center Country Boy 4401 69th Avenue N Jerry's Super Valu 5801 Xerxes Avenue N Red Owl Country Store 5425 Xerxes Avenue N. Red Owl Country Store 3600 63rd Avenue N. SPECIAL FOOD HANDLING LICENSE Viking Gym, Inc. 6504 Shingle Creek Pkwy. voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. POLICE DEPARTMENT REORGANIZATION Councilmember Lhotka commented that he is concerned about the seniority issue with regard to the police department reorganization. Discussion ensued among Council members regarding the police department reorganization and the seniority issue and there was a general concensus among Council members to agree that the seniority issue is a priority for resolution, Councilmember Lhotka commented that he would like to see the issue resolved as soon as possible. The City Manager commented that even without the reorganization the seniority issue still exists. He added that he would come back to the City Council with more information regarding the seniority issue at a future Counc' =.l meeting. ADJOURNMENT There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to adjourn the meeting. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. The Brooklyn Center City Council adjourned at 8:54 p.m. r Clerk Mayo 11 -8 -82 -6-